Chapter 10 Togo Comi M. Toulabor Introduction Throughout his long reign (from January 1967 to February 2005), General Gnassingbe Eyadema exercised very strict control over the security sector in Togo. With a few changes, Faure Gnassingbe, his son and successor, has strived to follow the same example. The concept of security cannot be separated from its opposite: insecurity. It covers very broad areas and even extends to the right to life. In Togo both concepts are unequally distributed between an extremely small, dominant minority and the dominated classes that are subject to all sorts of tribulations. The security/insecurity pair occupies a central position and plays a vital role in the development of public policy within a holistic framework that encompasses both public and private security. Starting from 1990, the Eyadema regime began to use paramilitary militias and sometimes also an armed guard service to counter the demands for democracy and the strong protest movements. The security of the government was largely supported by the Kabye elite (president Eyadema’s ethnic group from the North of the country). Security sector reform (SSR) is now a major challenge for democracy and a constantly recurring subject in political debate, especially during elections and in particular the presidential elections of August 1993, June 1998, June 2003 and April 2005. This was also true of the general elections in October 1997 and the presidential elections in February 2010, as shown by the General Political Agreement (APG) signed in Ouagadougou on 20 August 2006 between the existing regime and the opposition.1 In addition, the 29 October 2009 memorandum for transparent elections in 2010 in Togo,2 drafted by the Union des forces du changement, the main opposition party, focused on the security dimension of what these actors themselves called the ‘Togolese crisis’. Development policies, recruitment to the public services and to parastate companies, as well as promotions, are all marked by the ‘ideology of revenge’ of the populations of the North over those in the South of the 230 Comi M. Toulabor country who are purported to have benefited from the advantages of colonialism and the Olympio and Grunitzky3 regimes, thus creating an artificial, but deeply rooted and sustained bipolar vision of the two subregions of the country in the collective imagination. This has been the backdrop to state policy and is reflected in the mode of functioning of the security sector. It also undermines the theories of the creation of nationstates that were commonly held between the 1960s and the 1980s, which claimed that African militaries were the only organised and truly national institutions and should therefore serve as the vector for constructing, developing and modernising the state.4 These theories were by nature optimistic and neglected to include the component of sociological dynamics, which would have highlighted the balance of power and conflicts of interests that characterise them and often place them in opposition to the overall society. When he succeeded his father, Faure Gnassingbe stated his intention of reforming the paternal heritage, whose pivotal component had been the security sector, by presenting himself as the ‘man with a new spirit’, or to quote Montaigne on La Boetie: ‘He is he and I am I’. This apparent intention might not go down well with his internal interests and supporters, consisting of the military, the Togolese People’s Rally (RPT) and his family clan; these supporters are divided between the ‘hawks’, who are attached to the authoritarian and repressive heritage and the ‘doves’, who are in favour of a compromise with the opposition. At the same time, Faure Gnassingbe is bound to uphold the 22 undertakings made by his father before the European Union on 14 April 2004, under article 9 of the Cotonou Agreement, which makes respect for democratic institutions, human rights and the rule of law the underlying principle of the new partnership.5 In the same vein, within the framework of the APG, he undertook to set up constitutional and institutional reforms and above all to review security matters and the issue of widespread impunity, which has been plaguing political life for decades. Torn between these contradictory interests, will the Togolese president be capable of convincingly undertaking in-depth reforms in the security sector without setting up his own allies against him and without giving in to the prevailing mood? In this chapter, we will be looking at the security apparatus beyond its purely institutional nature, as a vital part of security sector governance. We will then go on to show how the security ideology sways constantly between regime security and human security (the right to protection of property and physical integrity), which occupies only a limited place within the political system. Finally, we will examine the need to reform this sector and the inevitable resistance to be encountered. We Togo 231 shall conclude with some food for thought and a series of recommendations, which should be included in any serious reform process. The overall state of the security apparatus The security apparatus in the strictest sense of the term comprises the armed forces (FAT), the gendarmerie and the police force; in a broader sense it includes militias and private watch companies. They work together in synergy. The FAT, which resemble more a private than a public institution, are the central axis around which the late General Eyadema built his dictatorship, starting from 1967. In such an environment, public and civilian control of the security apparatus is very tenuous, especially as the existing regulatory institutions such as the National Assembly, the legal system and civil society function very poorly. In the organisational structure of the security apparatus, the army – the largest body – is at the top of the pyramid with its specialised units such as the presidential guard’s commando regiments, the paratroopers and above all the formidable rapid intervention force. The army staff has set up a training unit for militiamen, but the ethnic composition of this unit is such that it blurs the statutory lines between the regular army and guard companies. Human rights organisations often refer in their reports to this collaboration within the FAT as the ‘militiamen in army fatigues.’6 The security sector is no doubt the only public service where the principle of territorial continuity is effectively applied, with its comprehensive coverage of the national territory and in particular the capital. This is in contrast to other services such as education, health, water, electricity, infrastructure and transport, which are quite neglected. The Togolese armed forces The FAT represents the historic nucleus of the security sector. They are the heart of the political system, relegating the RPT, the former single party, to an auxiliary role.7 There are many portions of RPT statutes and programmes where it appears that the party is a derivative of the military, which is clearly above the former.8 As Dominique Bangoura recalls,9 in postcolonial African countries, the military was the institution that in structural and ideological terms (with regard to both physical and symbolic violence, as shown by Mathieu Rigouste10) most closely resembled the colonial state. 232 Comi M. Toulabor The FAT increased greatly after General Eyadema took over power. While it is difficult to determine the exact number of its personnel, it is certain that it represents the lion’s share of the state budget.11 In 2006 for example, 25% of the budget was allocated to the FAT, which is by far the highest item of government expenditure.12 At the same time, the ethnic component in the FAT was developed strongly, in the name of the ‘ideology of revenge’. Indeed, 77% of the personnel are from the northern part of the country, with the remaining 23% from the South. Out of the 77% from the North, 70% are Kabye, including 42% who are from Pya, the president’s home town, whereas the Kabye only represent between 10 and 12% of the population.13 In addition, the hierarchy is almost entirely in the hands of the Kabye and not one of the command units that make up the architecture of the FAT is entrusted to a Southerner. This ethnic configuration of the military hierarchy is one of the most noteworthy consequences of the system of recruiting along ethnic lines for enrolment in officer schools.14 Whereas the recruitment policy launched by Faure Gnassingbe between 2005 and 2007 considerably increased the number of women in the gendarmerie and the police force (by 90 and 178, respectively), it did not diversify them ethnically.15 This wave of female recruitment was a return to a former policy that had been abandoned in 1985, when female police officers were the first to experience a fall in their numbers following the implementation of structural adjustment plans. What remains to be defined, as we shall see, is whether this staff increase contributes to or corresponds to the quality of security demanded by the APG signed in Ouagadougou in 2006 and even before that by the 1991 national conference, which made a distinction between the mission of the FAT to defend national integrity and the law and order and public security missions entrusted to the gendarmerie and the police. Paramilitary militias These originally started out as pro-regime students’ associations and unions, but in a wave of overzealousness, they shifted to armed support in order to counter the demands for democracy and the various disturbances that General Eyadema had to deal with at the time. In an authoritarian regime with little room for liberty and autonomy, universities are considered as potentially dangerous environments that need to be controlled and monitored. This requires the establishment of a number of hired relays, some of which, like the Togolese national students and interns’ movement, the Association of Togolese Students of Benin and above all the Northern Togo Togo 233 Students’ Club, were practically created at the same time as the university in 1972 and are branches of the RPT youth movement. In spite of the sponsorship of General Eyadema, the highly controversial Northern Togo Students’ Club was torn apart by conflict and division and in 1990 the radical wing founded the High Council of Students’ Associations and Movements, more commonly known as HACAME, and placed itself in the exclusive service of General Eyadema. Later on, in April 2005, it played an important role in enabling the son of the late dictator to accede to power, alongside other militias created by his clan. On the campus, the ‘Hacamist’ movement included a number of small groups with rarely more than a hundred members, such as the Togolese League of Students and Interns, the Togo Students’ Union and the Federation of Students and Pupils of Togo. In fact, members of HACAME were most often school dropouts, the unemployed, petty criminals, soldiers from the ranks of the regular army and above all, veterans.16 During the October 2007 general elections, both the militia and the security forces refrained from getting involved, thus making it possible to have a ‘peaceful’ election, a condition required by the European Union as a prerequisite for resuming the cooperation that had been suspended since the 1993 presidential election because of the ‘democratic deficit’. The phenomenon of militias is deeply rooted in Togo's political history. In the southern part of the country for example, traditional self defence brotherhoods such as the Abrafos and the Zangbetos were set up to protect people and their property.17 What is new in the current situation is the degree of militarisation, which makes the HACAME appear not only as an armed group with military supervision, but also as an organic branch of the FAT. The unclear status of this group, between formal and informal and somewhere between public and private, gives it additional room for manoeuvre in the acts of violence carried out against political protesters and the so-called ‘internal enemy’. Watch and guard companies The third and final pillar of the security apparatus are watch and guard companies. Not surprisingly, they began to emerge at the beginning of the 1990s at a time when demands for democracy were increasing, with in particular the Société africaine de sécurité-Togo. About a dozen companies, all established in Lome, currently share this very lucrative private security market. 234 Comi M. Toulabor These guard companies have links with the political authority, which grants them the authorisation to set up business. They recruit their staff mainly from social groups such as retired soldiers, veterans wishing to supplement their income and sometimes para-militia members. The explosion of acts of delinquency and crime led to a strong demand for security by individuals and companies. The supply of such services also increased proportionately, leading to an explosion of the market. After the political and legal trials of Robert Montoya, which tarnished the reputation of his different watch and guard companies (Société africaine de sécuritéTogo)18 and the death of Eyadema’s military advisor, Jeanou Lacaze, in August 2005, who also owned a security company (L’assaut veille), the market leader is now Germain Meba, a multimillionaire with more than one string to his bow and a personal friend of Faure Gnassingbe. It is rumoured that elements of his company, Optimal Protection Services19 lent a helping hand to the FAT during the 2005 presidential elections. Beyond the institutional aspects of security Historically and institutionally, the security sector has been constructed around the FAT (in particular the presidential guard, the parachute regiment, the gendarmerie and the rapid intervention force). Whenever there are public demonstrations, elections, or any other event considered a security risk, elements of these different corps are mobilised. The ‘non-violent’ general elections in October 2007 however demonstrated that the military and paramilitia forces that had been prepositioned to intervene could be controlled. Since the outcome of these general elections was not very important, the RPT could afford to leave a few seats to the opposition without losing the essential part of its power, namely, the presidency of the republic. Even more importantly, in doing so it could easily comply with the demands of the European Union, which had conditioned the resumption of its cooperation on the organisation of non-violent general elections. This financial condition – non-violent elections for subsidies or more generally, democratisation for money – gives the feeling that the reformist commitment of the Togolese president has been extracted under moral constraint and that without that reforms may not have been pursued. Fiona Hall, the head of the European Union election observation committee noted the following when she presented her final report to the Togolese authorities on 3 December 2007: Togo 235 The October 2007 general elections marked a major step in pluralist and peaceful democratic construction. Through their strong participation on election day, Togolese voters have expressed their desire to participate fully in the ongoing democratic transition. Despite certain shortcomings, the conditions in which the CENI (independent national election commission) organised the electoral process enabled voters to express their choice. Nevertheless, a number of reforms need to be adopted to enable the next elections to truly reflect the will of voters.20 In other words, in the electoral domain like in other areas of reform, Faure Gnassingbe has given the impression that reform is taking place when in fact the object of the reform has remained the same. The February 2010 presidential election campaign highlighted concerns by the military, police and even the militia groups about being instrumentalised under the pretext of a process of clarification, institutional modernisation and reconciliation of the Togolese with their institutions. Let us demonstrate this by describing two significant events: The ‘Kpatcha case’, named after the president's half brother, former minister of defence and then a member of the National Assembly, who sparked a wave of violence during his brother’s take-over of power in April 2005. Relations between the two men further deteriorated when it came to sharing the family inheritance. Kpatcha was accused of incompetence and lack of authority, his ‘biological’ legitimacy was called into question and he was suspected of plotting a coup d'état as well as an assassination attempt.21 In order to do away with this fratricidal rivalry, he was arrested by the gendarmerie in front of the US Embassy on 15 April and has been held in prison since.22 A year before, the body of Atsutse Kokouvi Agbobli, the very popular leader of the MODENA, an opposition party, was found on the beach in Lome on 15 August 2008. Before any investigation could take place, the minister of security and civil defence released a communiqué announcing Agbobli’s ‘death by drowning’, which was repeated by the public prosecutor. Faced with a public outcry, the latter ordered an autopsy, which invalidated the official theory and concluded that the death was due to ‘drug intoxication’. Under pressure from public opinion, the National Human Rights Commission (CNDH) took up the case and ordered a second autopsy, to be carried out by a United Nations expert. This autopsy invalidated both conclusions.23 More than a year later, this suspicious death seems to have been forgotten. These two events show the discrepancy between the apparent desire of the Togolese authorities to carry out reform and institutional practices which 236 Comi M. Toulabor are characterised by several instances of infringements of law and legal process. And yet, in theory, the government has the tools available within the gendarmerie to carry out investigations: the anti-crime brigade, the research and investigation brigade, the processing and research centre, the intelligence and investigation department, as well as the criminal investigation department, a division of the general police directorate (DGPN). In 1992, decree n° 92-090 of 8 April 1990 was passed to reorganise the latter, which now includes five departments (public security, criminal investigation, general intelligence, territorial surveillance and joint services) and define its attributions.24 The DGPN covers all police departments and is under the authority of the ministry of interior. It is a paramilitary force whose mission is to protect individuals and their property, maintain and restore law and order, defend territorial integrity by gathering and using intelligence within the framework of internal and external state security, control drug trafficking and consumption and contribute generally to security and civil peace. Its attributions are in competition with those of the gendarmerie as defined by decree n° 95-064/PR of 13 October 1995, reorganising the national gendarmerie.25 The latter carries out administrative police functions, criminal investigation and serves as a military police force. Throughout the national territory, it has the responsibility for ensuring law and order in terms of public security, safety, tranquillity and peace. It is placed under the authority of the ministry of defence, but because of the nature of its functions it is also attached to the ministries of interior and justice and the attorney-general’s office. Within the organisational structure of the security sector, the police force occupies a subordinate place beneath the gendarmerie, which is itself beneath the military. There are however two unwritten rules that structure the relations among the three corps: 1) a police officer may never stop a gendarme, or even less a soldier for a check and 2) no police officer can ever be appointed as the head of the DGPN. In terms of the popular sociological definition shared in the barracks, a police officer is first and foremost a ‘fat civilian’ (in military jargon) and can never wield any authority over a gendarme or a soldier in the exercise of their duties. On the other hand, when it comes to corruption, the military, gendarmes and the police are able to come to an understanding and are indeed involved in a corrupt game with customs officers and drivers’ unions and with respect to roadblocks, which have become a real ‘cash cow’ where insecurity wears the face of racketeering and bureaucratic red-tape.26 The seminar on the Togolese police and corruption,27 organised by the public Togo 237 authorities in May 2009, shows for the first time that they are aware of this visible and real phenomenon. Nevertheless, it does not deal with the thorny issue of the link between the gendarmerie, the police and the military within the security context, nor does it deal with the continued absence of statutes governing the internal organisation of the police force. In this area, there are complementary or sometimes competing initiatives undertaken by donors such as the Reform and Governance Support Programme and the Institutional Capacity Building Support Project, which held a number of seminars in June and September 2009. Both are aimed at supporting ‘the efforts of the [Togolese] government in the area of modernising public administration and consolidating macroeconomic and budgetary management, as well as economic and financial administrative bodies’.28 The Court of Accounts, which was enshrined in the 1992 constitution and strongly demanded in 2002 by the West African Economic and Monetary Union was finally established in September 2009, but many remain unconvinced about its effectiveness. ‘Modernising’ the FAT The FAT is not noted for its republican character or its sense of discipline. In fact, this is a mono-ethnic army. It however played a vital role in the succession between February and April 2005. The problem is to determine how to reform an institution that is torn between clans and sub-clans and between hawks and doves. The various crisis resolution agreements, in particular the August 2006 APG, prepared the ground for instituting SSR and finding a solution to the burning issue of impunity. Following the report by the United Nations Human Rights Commission on the electoral violence of April 2005, it was decided to replace all the heads of the army corps which had caused problems.29 Thus, in October 2005, the commanders of about twenty corps and specialised units were changed; some who were thought to be too close to the former minister of defence were either dismissed or appointed to other positions four years later, in July 2009, following the ‘Kpatcha case.’30 Just before that, the beginning of 2008 had been marked by a series of decisions concerning the uniformed corps. A number of decrees were passed, one after the other, reorganising the army (decree n° 2008-007 of 25 January 2008); the navy (decree n° 2008-009 of the same date); the air force (decree n° 2008-014 of 11 February 2008) and also defining the specific status of the army corps (decree n° 2008-013 of the same date). A higher military council was established (decree n° 2008-011 of 25 January 2008) 238 Comi M. Toulabor and the attributions of the army chief of staff and the director general of the national gendarmerie were defined by decree n° 2008-006 of 25 January 2008. For its part, decree n° 2008-012 of 11 February 2008 defined the functioning of investigative councils involving the military, etc. A detailed look at these texts shows however that while they resolve practical, internal issues, they do not touch on questions of substance, namely the links between the security sector on one hand and society as a whole, or human rights in general on the other. For the Togolese military, any manoeuvres that bring them in contact with their foreign counterparts are an opportunity to assess their status, which is sometimes less favourable; at the same time, their principal and humanitarian objective is to provide assistance to populations affected by conflict. In this vein, increasing numbers of Togolese soldiers are now participating in exercises within the framework of the RECAMP (Renforcement des capacités africaines de maintien de la paix) programme, which prepares them for UN and peacekeeping missions in particular in Côte d'Ivoire (MINUCI), in the Central African Republic and Chad (MINURCAT), in Burundi (AMIB) and also in Darfur (UNAMID). These exercises are led by France and take place in different regions of the country: in 1997 in Nangbeto, in 1998 in Dapaong, in 2001 in Kara and in 2008 in Zio.31 It was during these RECAMP manoeuvres and UN missions abroad that Togolese soldiers became aware of their condition and started to demand a real military status, a demand which had initially been put forward during the earliest mutinies in the 1970s.32 While these reforming decrees are welcome, they are too timid to uproot the deep-seated unease in the Togolese military, which is itself a victim of ineffective security sector governance. Also, by appointing his ‘own’ men, some of whom have been accused of human rights violations and other crimes including drug trafficking,33 to head strategic military and gendarmerie units, the president has failed to give the general public a clear signal of a break with the past and the credibility of his reform action is being undermined. Furthermore, while in the past the FAT had sometimes intervened to provide assistance to populations affected by small-scale natural disasters, after the floods in July 2008 and in particular in 2009, which were the most serious that Togo had ever experienced, the humanitarian and modern image that the military sought to portray was seriously tarnished. This image was enshrined in the new defence partnership agreement signed between France and Togo on 13 March 2008. However, the floods in 2008 and 2009 with their wake of deaths and disappeared, broken bridges, damaged roads and Togo 239 devastated houses and farms, etc. demonstrated the negligence of the armed forces.34 This was offset by the support provided by France through its Licorne operation in Côte d'Ivoire and by Ghana, China, the European Union and the United Nations.35 Security sector management and oversight Security is a state of mind that is both subjective and objective. The weak point of the security ideology has been its human security dimension and prevention of threats, incivility and infringements on the life of ordinary citizens, their property and their well-being.36 As a result, there is a palpable increase in insecurity in all forms (material, psychological, environmental and moral) in cities but also in villages. The 2002 constitution enshrined this fundamental right under its article 49, which stipulates that ‘the mission of security and police forces, under the authority of government, shall be to protect the free enjoyment of rights and freedoms and guarantee the security of citizens and their property’. Given the security gap, it is quite clear that for the majority of the population this article is far removed from their reality. Faced with increasing crime, the general public feels unfairly treated and abandoned and has decided to take their security into their own hands. The methods used can be just as summary as those of security agents, as illustrated in the press, where there are reports of thieves who are burned alive in front of witnesses who only express general approval and satisfaction over ‘a job well done’.37 They do not seem to share the point of view expressed by General Eyadema in a public statement in October 1979 where he established a scale of priorities between ‘material’ rights and grand principles in the following terms: This group of men [the Third World], is denied the most basic right: the right to life, whereas the same right is recognised for animals who are entitled to protection. Do human rights mean the right to die of hunger, ignorance and disease? What does freedom of expression mean, when one cannot read or write? No, it is time that we substituted this theoretical notion of human rights, which is understood as the ability to do anything that is not prohibited even when you lack the means do so, with the concrete right to dispose of the minimum required to live.38 240 Comi M. Toulabor Attempts at judicial and parliamentary oversight The State’s security ideology has reached a point where the problem is no longer security, but rather the insecurity and impunity that it brings about. Thus, in February 2006, in a report on the topic, the United Nations underlined ‘the need to bring an end to the culture of impunity, which had prevailed during the 38 years of the reign of the former president of Togo’.39 Achieving this would have meant placing security policy under institutional control, in particular of the National Assembly and the legal system. In spite of being a subject of grave concern, the combination of security, insecurity and impunity has never been the subject of any official debate to date. Indeed, none of the 81 members of the National Assembly (of whom 31 are opposition members elected in October 2007) has ever dared to put either written or oral questions on security to the executive, although opportunities have been provided by a number of events such as the suspicious circumstances surrounding the death of the leader of the Movement for National Development discussed above. The National Assembly has been criticised for never calling the government to account about the difficulties facing the general population, especially as it is not a monochromatic assembly. The assembly is very poorly organised, making it ineffective, with an administrative staff that is insufficient in number and poorly qualified or not qualified at all. It has no clear legal framework, as there are several overlapping rules of procedure and financial and administrative rules, with the result that they are never applied. The budget allocated to the assembly is so insufficient that members have no means to carry out their missions either within or outside the country. There is no organisational link between members of the National Assembly, their Parliamentary groups and their political parties, which is why they never take any legislative initiative. The electorate is neglected and even forgotten and increasingly, members seem to aspire to adopt the attitude of civil servants, whose status is seen as more gratifying and more secure than the uncertain status of people's representative that prevails among most assembly members.40 In addition, some members of parliament are not very comfortable using French, the official language, to engage in political debate, which is the very essence of parliamentary life. All this negatively affects the ability of parliament to control the activities of the executive, which can demand the cancellation of the parliamentary immunity of any member at any time, in particular those of the opposition. Furthermore, government does not feel compelled to enforce Togo 241 the few laws that are passed (barely 20 a year). It is doubtful that the numerous seminars organised for members of parliament by international institutions in order to develop their ‘skills in parliamentary work’ will truly change this order of things. The National Assembly may be pluralist in terms of party representation, but its structural and ideological mode of functioning is monochromatic and still bears the mark of the single party system. On the other hand, where judicial oversight is concerned, the analysis of a former prime minister is quite clear: The system of justice is an instrument used for political purposes and subject to the untimely intervention of special decrees. Thus, honest citizens are held quite illegally well beyond the legal custody period without any legal assistance, while others are sentenced to heavy prison sentences by an invisible hand that does not hesitate to corrupt magistrates in order to overcome their resistance against the ignominy of such iniquity.41 And yet article 113 of the constitution stipulates that the judicial power is independent of the executive and the legislative powers and that as the guarantors of ‘individual liberties and the fundamental rights of citizens’, ‘judges shall be subject only to the authority of the law in discharging their duties’. Political influence over the judiciary dates back to colonial times and worsened at the beginning of the 1990s, at the time when the regime was extremely weakened. Between 1990 and 1993, General Eyadema readily promoted law students who were activists in the RPT and HACAME and its various offshoots. After a short training period and without any prior experience, these students were appointed to positions of responsibility, in violation of the requirements of the profession. In order to counterbalance the weight of the South in the judicial apparatus, most of those promoted were from the North. They took control of the presidencies of the courts, the courts of appeal and the position of deputy public prosecutor and prosecutor, not to mention the strategic bodies such as the Supreme Court, the Constitutional Court and the higher council of the judiciary (CSM), etc.42 By their sheer numbers, they dominate the professional association of Togolese magistrates, the APMT, by far the most important association of judges, which has been considered as the judicial arm of the regime ever since its establishment in 1996. The role of the CSM is to regulate the judicial power by assisting the president of the republic in his constitutional role as the guarantor of the independence of the judiciary. It also acts as a disciplinary body for magistrates and is required to give an opinion on nominees proposed by the 242 Comi M. Toulabor Keeper of the Seals and minister of justice for appointment as judges to the courts, by decree adopted in the council of ministers. The CSM comprises nine members appointed for a term of four years and is chaired by the president of the Supreme Court. The clause that stipulates that ‘sitting magistrates shall neither hold other positions of public office nor carry out private lucrative activities other than those prescribed by law, nor engage in political activities’43 is often disregarded and for many years now the judiciary has been viewed by the general public as one of the most lucrative (and also one of the most discredited) in the public service, after the customs service. In December 2006, with the support of the European Union, the UNDP and France, the authorities drew up a very ambitious project for the modernisation of the justice system, with the aim of enhancing the capacities of all actors in this sector. The overall cost of the project is 15 million Euros,44 but by April 2007, only 1.5 million Euros had been received from France for training the judges of the two courts of appeal in Lome and Kara on administrative justice.45 All the other components of the programme, such as consolidating the rule of law, human rights and the establishment of a reliable legal environment are moving ahead, although the progress made is slower than planned. In the meantime, a constant succession of seminars, evaluation meetings and validation workshops are being organised. In order to demonstrate his will to ‘modernise the system of justice’, on 12 December 2008, to the surprise of all, the head of state appointed the former president of the Lome court of appeal, Abalo Petchelebia (who had been named and publicly condemned by the president of the Constitutional Court, Aboudou Assouma, as the ‘most corrupt’ judge46) as President of the Supreme Court, the country’s highest judicial body. Reflecting a general feeling at the time, one newspaper wrote: ‘The crisis within the APMT that some hoped would enable magistrates to carry out some self-criticism and allow the authorities to clean house was only a storm in a teacup or even a pure and simple diversion.’47 Attempts at political and public oversight One phenomenon that has always characterised the political history of Togo is that political parties (94 recorded to date) and NGOs and associations (over 500) have not been deeply committed to or involved in fighting for the right to security and good governance in the security sector. From this point of view the case of the CNDH and the association Ligue togolaise des droits Togo 243 de l’homme (LTDH) is quite exemplary;48 their history is closely tied to this struggle, which is also the reason for their existence. The CNDH was created in 1987 and up to 1992 it contributed significantly to raising awareness about human rights violations lato sensu within the population. Then in November 1992, the government directly took over control, after its president, who was considered to be in the opposition, fled into exile. The commission thus lost its credibility and the number of complaints brought before it began to go down steadily, especially as its activity reports too often spared the perpetrators of acts of violence and those guilty of causing insecurity. On the other hand, its competitor, the LTDH, which is seen as independent, was highly successful right from its establishment in 1990, because it worked hand in hand with the CNDH, which would send sensitive and compromising cases to them in an attempt to escape the vigilance of the regime. This was the glorious period for human rights as demonstrated by the major social movements and collective action that were undertaken throughout the country. However, in the face of constant harassment and threats and following a serious crisis within their ranks, these movements practically disappeared from the public eye. The LTDH and the CNDH define the expression of the need and the right to security, as well as the way in which their action is recognised, which may vary according to the political situation of the time and their own leaders. The first, which is a non-governmental organisation with limited resources, derives its credibility from its critical and independent spirit as well as the quality of the work that it carries out and its international partners (the International Federation for Human Rights of which it is a member, Amnesty International, the World Organisation Against Torture and the International Federation of Action by Christians for the Abolition of Torture and Reporters Without Borders). On the other hand the second, CNDH, does not even attempt to change the image it has had right from its establishment; that of a governmental agency endowed with considerable resources. Its local partners are often associations set up by the regime and its foreign partners are too often governmental or intergovernmental institutions. While it enjoys the support of government, the CNDH is nevertheless practically the only association that systematically promotes human rights throughout the country through the media and schools and organises seminars and awareness-raising campaigns for target groups. These are supposed to serve as relays with the population – prefects, mayors, traditional chiefs and religious leaders, etc. It is worth noting that this policy is limited mainly to topics that are considered less sensitive, such as women 244 Comi M. Toulabor and children's rights and HIV/AIDS control. Two thirds of its activity reports cover these topics while other issues related directly to security are neglected. Political parties for their part do not consider the right to security to be a particularly important part of their combat, which hardly ever exceeds the quite legitimate emotion that is keenly felt when such rights are violated. This is understandable on the part of the former single party, which is still in power. The main opposition parties compete with each other, at best through communiqués that are quickly forgotten or at worst by a silent wait-and-see attitude. Of course, this is a bit more than the former single party, which prefers to maintain a certain distance from issues related to insecurity. The opposition did not support the group of associations against impunity in Togo, which was set up following Faure Gnassingbe’s succession to power to encourage victims to lodge complaints against the perpetrators of acts of violence and exactions committed during the election period. Although the premises of the association were robbed on several occasions and its computers carried away in 2008 and 2009, both the association and most serious humanitarian organisations do agree that there has been a relative improvement in freedom of expression and movement since Faure Gnassingbe took over power. There was not much mobilisation around the Truth, Justice and Reconciliation Commission that was set up in April 2008 after the APG, which brought together various political actors to end forty years of human rights violations. This commission, which has the blessing of the international community, found it difficult to start its work following the presidential elections and indeed is viewed with suspicion by most Togolese people who are not readily inclined to believe in the good intentions of a regime that is considerably removed from the life of the ordinary citizen. Challenges of security sector governance All these obstacles to SSR show how much the country is sorely lacking and remains incapable of managing administrative affairs. This government receives poor support from weak institutions and has limited sovereignty. Thus, legitimate reforms that it has not decided itself are imposed upon it and are implemented without the benefit of an assessment of previous reforms.49 While there appears to be a consolidation of the security ideology, the public administration in the sense of public service (that is, service to the majority) is gradually disappearing.50 This dynamic first stifled and then eliminated the middle classes, who are supposed to be the vector of Togo 245 democracy and social progress. Security sector reform would require taking into account this deep-rooted pathology, which has been identified since the post colonial period.51 Resistance to reform SSR was included on the political agenda in July 1991 during the national conference. Its Commission VI, ‘Defence and Security’, underlined the fact that the armed forces had been created ‘for the exclusive protection of a single individual’ and emphasised ‘its excessive politicisation and ethnic nature, as well as the fact that nepotism [remained] the golden rule.’52 The commission's recommendations that the military be overhauled were met with hostility by General Eyadema and fear by many soldiers. In particular, a recommendation was made for ‘improved military training’ and a reduction in numbers in order to bring the military within a ‘dimension proportionate to the size of [the] country’. The gendarmerie was also to be redesigned to give it its initial vocation of being an auxiliary service of the justice system.53 These recommendations were poorly received and the FAT rose up against the population, plunging the country into further turmoil and emphasising the old divide between the military and the nation that had obviously not been bridged with the various reconciliation days. Towards the end of his regime, an ill and weakened General Eyadema and the military hierarchy, accepted if not to reform, at least to organise seminars. The United Nations Regional Centre for Peace and Disarmament in Africa regularly organised such seminars for example, between October 2001 and May 2002. The general's son, Faure Gnassingbe took up the baton in March 2007 and in March and August 2008, when the military and political parties met to debate their ‘partnership’54 under the auspices of the American centre for civil-military relations, the German Konrad Adenauer foundation, the United Nations Population Fund and the International Committee of the Red Cross. In the lead up to the presidential elections in 2010, many training workshops and seminars were organised, as well as awareness raising campaigns on democracy and good governance: dialogue with the security and presidential forces; consolidating the competence of magistrates and even parliamentarians and lawyers, on electoral issues and a refresher from the West African Network for Peacebuilding, to remind them of their ethical duties. Without the same means of resistance as his father and under pressure from the international community, Faure Gnassingbe accepted a reform that was not likely to offend the military that had placed him in power. Thus, the 246 Comi M. Toulabor draft bill adopted in February 2007 on the status of military personnel restates the republican and apolitical55 nature of the armed forces, which is not new because this is already stipulated in the 1992 constitution. The most important new aspects are the inclusion of women in the military and the new statutes of the military corps, including the subsidiary material benefits, not to mention the fact that the delay in formalising the police statute was also taken into account.56 Potential entry points Reform can only be successful if the actors concerned are fully involved. For this purpose, the remaining members of the Association of Democratic Soldiers who spoke out against the practices of their institution at the national conference could be the foundation stone of any potentially credible security sector reform.57 They represent the ‘silent majority’, which is also found within the gendarmerie and police force and whose spokesperson is the commander of the gendarmerie, the former minister of interior and security. His refusal to give his stamp of approval to the election in April 2005 that brought Faure Gnassingbe into power forced him into exile and made him the central figurehead of the ‘democratic military’. Within the highly dispersed community of civil society organisations, the Jeunesse unie pour la démocratie en Afrique (JUDA), the group of associations against impunity in Togo and the Groupe de réflexion et d’action pour le dialogue (GRAD), created respectively in 2003 and 2005, have been making their voices heard. They have published reports on various topics to educate the general public, question the regime and have adopted bold positions on a number of sensitive subjects such as corruption, insecurity, impunity, the high cost of living and youth unemployment. They have also organised highly successful lecture fora, with external support. These organisations seem to be playing the traditional role of trade unions, which are practically prohibited from organising strikes (the last significant strikes date back to 1992-1993) and are stating demands that the regime has acknowledged as being justified. JUDA achieved something for the general good when in March 2008 it condemned the hounding and harassment inflicted on certain private radio stations and newspapers by the high authority on audiovisuals and communication, which is in charge of regulating the media.58 This was also the case when it drew the attention of the general public and public authorities to cases where law enforcement agencies shot individuals and then presented them to the media as criminals without any proof.59 These recurring allegations of extrajudicial executions Togo 247 put the abolition of the death sentence, adopted on 10 December 2008 and welcomed by the international community, into a different perspective. Needless to say, in the coercive environment of a regime that needs a safety valve, the very existence of the GRAD and JUDA demonstrates the need for security sector reform and indeed a reform which goes well beyond this sector alone. Mention must also be made of the analysis and action group Femme, démocratie et développement (GF2D)/Centre de recherche d’information et de formation pour la femme (CRIFF), one of the longest existing civil society organisations, which was established in 1992 and is still active. The GF2D/CRIFF, whose members are women from various professional and political backgrounds, is a network that is working slowly but surely to promote and defend women's rights and an improved status for Togolese women.60 It carries out in depth work to promote civic education for rural and urban populations and attempts to raise awareness among the political authorities and decision-makers in Togo and other African countries ‘of the need, as democratic societies are being established, to make the participation of women in managing public affairs a reality; to educate and mobilise political parties for the same cause, [and to strive] for the emergence of women decision-makers in all areas of national life, etc.’ Its field of activity is awareness raising and empowering women by educating the public on the electoral process, an extremely sensitive subject. Through its information campaigns and by disseminating publications and handouts, it provides information to the general public on the right to vote and the use of this right. This is also one of the rare existing NGOs that requests that the population assess the impact of its activities. The regime is therefore understandably suspicious of its activities and exerts pressure on its members through all sorts of intimidating manoeuvres. Its credibility was however seriously undermined when it was co-opted into the different governments of Faure Gnassingbe, who has managed to stifle its thus far highly appreciated actions. Conclusion Security sector reform is an immense, highly complex and long-lasting undertaking. The major obstacles to be overcome are the predominant role of the elite and the absence of any institutional control or a social counterbalance. This relates in fact to the separation and balance of powers so dear to Locke and Montesquieu, which are necessary steps in moving 248 Comi M. Toulabor away from the political archaism that has been aggravated by the manifest lack of political will. SSR must go hand-in-hand with an overhaul of the public administration system, which is quite deficient, if not inexistent and must be done both overall and sector by sector. This requires real determination on the part of the main national actors (particularly the head of state who is also the head of the armed forces), as well as France whose role in this area cannot be underestimated, without neglecting the most important issue: financial means. This way, it would be possible to avoid a repetition of the case of the ministry of administrative reform, which was established at the beginning of the 1970s and has since become a vast graveyard of reforms. Educating society Because it is lost within the broader context of human rights, associations fail to make specific demands for the right to security. The concentration of forms of violence (physical, symbolic, state and societal), has led the enjoyment of this right to be considered marginal, in a society where the leaders have brought the population down rather than building it up. It would be helpful if the few associations that work on the specific topic could consider coming together to pool their logistic, human and financial resources, thus doing away with repetitions and needless competition. This would also enhance the visibility and credibility of their mission focusing on security rights, which require specific awareness raising campaigns targeted at the population. There is no doubt that through this, collective action will finally be effective. This ‘ideological’ work within society is just as important as the economic aspect of security sector reform. Short term steps: initiate and carry out security sector reform The following measures need to be adopted urgently: Abolish specialised units of the army such as the rapid intervention force and the presidential guard, as well as militias, which have no legal existence; Ensure closer monitoring of the activities of private security companies, which must not become auxiliaries of the public security forces; Apply constitutional standards to the military, namely, submitting to the ‘regularly established constitutional political authority’ and ensure Togo 249 that it complies strictly with its assigned functions: territorial defence and carrying out works of public utility. Overlapping functions between the gendarmerie and the police force must be clarified; Increase the numbers of police officers, who must be better trained and equipped to be able to carry out their missions of ensuring law and order and security and draft a statute governing the police force; Reduce the numbers of the gendarmerie, which could be transformed into an elite intervention unit to deal with cases of armed crime and an auxiliary service for the justice system, for criminal investigations; Group the intelligence services together in two distinct departments; one under the army for military security and the other under the police force for civilian security. In this case, soldiers and gendarmes must no longer occupy civilian or political positions as continues to be the case in spite of a succession of decrees. The longer term: undertake an in-depth reform of the FAT This overhaul would include various areas of intervention but must be led by a ‘rightsizing’ programme: Establish a five-year freeze on recruitment of ordinary soldiers, many of whom are currently retiring after 20 years of service, aged only between 40 and 45 years on average and without any training. Between 3,000 and 5,000 men are expected to retire during the period under consideration. They risk to further increase the number of armed criminals in the country in order to make a living, if they are not dealt with properly; At the same time, if they were encouraged to go on early retirement with the payment of some money, it can be estimated that between 1,000 and 1,500 people would be interested;61 Over the next five years, establish a policy of reorganising and professionalising with recruits learning both a military and a civilian profession, which is not the case at the moment. Security sector reform in Togo is an immense undertaking that cannot be separated from reform of the state, without which an overhaul of the sector would be meaningless. The security sector is faced with several internal challenges that have resulted from the tensions caused by the ‘privatisation’ and ethnic exclusivity of the military institution. These 250 Comi M. Toulabor tensions affect the security/insecurity pair differently for different actors, in some cases drawing its components closer and in others pulling them apart, in a situation made even more complex by the reigning impunity. However, while security sector reform is required, it can only be achieved effectively with the participation of its actors and the reestablishment of institutional and social counterbalances. The 40-year dictatorship of General Eyadema, whose legacy remains pervasive, was based principally on the security sector. How then can the sector be reformed when the leaders who derive the greatest benefit from it have no interest in change and only undertake reform without any conviction, due to international pressure? To quote Michel Foucault, the effects of the security sector are insidiously, silently, inscribed on institutions, on political pluralism, on the balance of power, on bodies and in minds. Notes 1 2 3 4 5 6 7 8 9 10 11 The full text of the agreement is available at : www.icilome.com The memorandum is available at www.togocity.com/article.php3?id_article=4250 Wen’saa O. Yagla, a former professor at the University of Lome and the ideologist of the regime, develops and justifies this ‘ideology of revenge’ throughout his book, L’édification de la nation togolaise (Paris: L’Harmattan, 1978). See for example Dimitri G. Lavroff, ‘Régimes militaires et développement politique en Afrique noire’, Revue française de sciences politique 22, no. 5 (October 1972): 973-991; and especially Bernard Asso, Le chef d’Etat africain: l’expérience des Etats africains de succession française (Paris: Albatros, 1976), 382. European Council Decision 2005/599/EC of 21 June 2005 (Cotonou Agreement). Available at: http://europa.eu/legislation_summaries/ For example, Amnesty International, ‘Togo: Immunity for killings by the military’. AI Index: AFR 57/13/93F (London, October 1993); Amnesty International, ‘Togo: Rule of terror’. AI Index: AFR 57/01/99/F (London, 5 May 1999). Pepevi A. Lodonou, Le Rassemblement du peuple togolais (RPT): instrument de légitimation du pouvoir militaire, Phd. Thesis (Bordeaux: S.N., 1988). Ibid. Dominique Bangoura, Les armées africaines: 1960-1990 (Paris : CHEAM, 1992). Mathieu Rigouste, L’ennemi intérieur. Généalogie coloniale et militaire de l’ordre sécuritaire dans la France contemporaine (Paris, La Découverte, 2009). The strength of the FAT stricto sensu is estimated at between 7,000 and 14,000, with the army and the gendarmerie alone representing the majority and occupying pride of place, well ahead of the air force with its 250 men and the navy, with 200 men. There are about 2,300 to 3,000 police officers and about 400 prefectural guards, 130 forest rangers and 5,000 men who have joined the veterans’ association at the end of international peacekeeping missions to which Togo contributes regularly. See ‘Togo’ in The Military Balance 2009 (London: International Institute for Strategic Studies, 2009); ‘Togo’ in Togo 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 251 Jane’s Sentinel Country Risk Assessments (London: Jane’s, 2009); Tido Brassier, ‘TogoFMI: à propos des consultations 2007’, available at: www.letogolais.com Tido Brassier, ‘Togo-FMI: à propos des consultations 2007’. Available at: www.letogolais.com/article.html?nid=3072 Ayayi Togoata Apedo-Amah, ‘Le tribalisme dans l’armée’ (Presentation at the national conference, Comité d’action contre le tribalisme et le racisme (CATR), Lome, August 1991). Ibid. See ‘Les forces de sécurité togolaises renforcent leur effectif’, available at: www.presidencetogo.com These former combatants are young enough to blend easily into the student population, some of them with fake student identity cards. Nicole Kanhonou, Les Zangbeto, gardiens de nuit (Bordeaux: IEP de Bordeaux, 1992). Gérard Davet and Fabrice Lhomme, ‘Robert Montoya, un ‘plombier’ en Afrique’, Le Monde, 11 January 2006; Thomas Hofnung, ‘Robert Montoya rattrapé par ses trafics d’armes en Afrique’, Libération, 16 December 2005. See La lettre du continent, 563, 23 April 2009. European Union, ‘Mission d’observation électorale de l’Union européenne au Togo. Elections législatives du 14 octobre 2007. Rapport final’. Available at: www.eueomtogo.org Christian Dubois, ‘La guerre des frères Gnassingbé est ouverte’, 15 April 2009. Available at: http://www.africatime.com/Togo/ Dimas Dzikodo, ‘Présentation du supposé corps du délit : des armes et beaucoup de questions sans réponses’, Forum de la semaine, 20 April 2009. E. Pablo, ‘15 août 2008-15 août 2009: Atsutsé Agbobli’, Liberté Hebdo, 15 August 2009. Journal officiel de la République togolaise, 2 May 1992. Journal officiel de la République togolaise, 5 January 1996. See the Report of the Observatory on Abnormal Practices along the transport corridors linking Burkina Faso, Ghana, Mali and Togo: ‘Observatory of Abnormal Practices on Inter-State corridors’, Results for 1 October to 31 December 2008, Accra, 2009. Watch the video at http://www.youtube.com/user/TOGOISBACKTV#p/search/0/RGPQTQ9njjQ. Lambert Attiso, ‘Projet PARCI : Le document validé mardi lors d’un atelier à Lomé’, Savoir News, 30 September 2009. Available at: http://www.icilome.com La Lettre du continent, 479, 6 October 2005. ‘Faure Gnassingbé coupe des têtes au sein des Forces armées togolaises’. Available at : www.focusinfos.com Luc Abaki, ‘Ali Nadjombe : « Préparer nos soldats pour le Darfour »’, République Togolaise, 20 February 2008. Available at: www.republicoftogo.com ‘Fronde des lieutenants’, Politique Hebdo, 25 March 1971. Dimas Dzikodo, ‘Analyse du rapport Gnofame. Le cœur du pouvoir est-il impliqué dans le trafic de drogue ?’, Forum de la semaine, 6 July 2006. See ‘Togo-inondations: incurie du gouvernement qui prend l’eau de toutes parts!’, 17 July 2009. Available at : http://togo-presse-liberte.over-blog.com/article-33930039.html See Communiqué from the Council of Ministers, 7 August 2008. Available at: http://www.tvt.tg 252 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 Comi M. Toulabor See the various definitions of this concept in Fen Olser Hampson, John B. Hay et al., ‘The Many Meanings of Human Security’, Madness in the Multitude: Human Security and World Disorder (New York: Oxford University Press, 2001). A few headlines from the local press: ‘Vive les voleurs et hommes à la machette’, Tingo Tingo, 15 October 2008; ‘Deux braqueurs arrêtés et brûlés vifs’, Le Canard, 7 November 2008; ‘Hier à Totsi, un voleur a échappé à la mort’, L’Indépendant Express, 11 November 2008; ‘Quatre présumés voleurs soumis à la vindicte populaire’, Xinhua; 17 March 2009. General Eyadema, as quoted by Minister of Interior Théodore Laclé, in Livre Blanc, La vérité sur les complots contre le people togolais et son guide le général Eyadéma (Paris: ABC, 1980), 9. United Nations Economic and Social Council, Promotion and Protection of Human Rights - Impunity, Report of the Secretary-General, Document No. E/CN.4/2006/89, para. 41, 15 February 2006. See an article by D. Sylvestre in L’Union, 30 August 2008, which describes the dysfunctions of the Togolese parliament. See Agbeyome Messan Kodjo, ‘Déclaration d’Agbeyome Kodjo: Il est temps d’espérer’, Le Togolais, 2 July 2002. Available at: www.letogolais.com See M. A., ‘Turbulences à la justice de Lomé’, Liberté Hebdo, 13 November 2008. See ‘Le Pouvoir Judiciaire togolais’, available at: www.presidencetogo.com See ‘Appui au Programme de Modernisation de la Justice (APJU)’. Available at: http://www.diplomatie.gouv.fr Raphaël De Benito, ‘Togo: le don que l’œil de la justice ne verra sans doute pas’, Billet d’Afrique et d’ailleurs, no. 158, May 2007. See ‘Leurre: la réforme de la justice togolaise selon la logique du système RPT’, Forum de la semaine, 17 December 2008. See ‘Politique: la réforme de la justice togolaise à l’épreuve de la duplicité du pouvoir’, Forum de la semaine, 18 December 2008. For further details on the CNDH, see Human Rights Watch, ‘Les Commissions gouvernementales des droits de l’homme en Afrique: protecteurs ou prétendus protecteurs? Togo. Commission nationale des droits de l’homme’, 2001. Available at: http://www.hrw.org/legacy/french/reports/hrc/togo.html. Dominique Darbon, ‘De l’introuvable à l’innommable: fonctionnaires et professionnels de l’action publique dans les Afriques’, Autrepart, no. 20 (2001): 27- 42. See Nadim Michel Kalife, Pourquoi le Togo va si mal? Un schéma de sortie de crise (Lomé: Roitelet d’Afrique, 2008). On these issues, see ‘Réformes des Etats africains’, L’Afrique politique 2001 (Paris: Karthala, 2001); See also Achille Mbembé, De la postcolonie: essai sur l’imagination politique dans l’Afrique contemporaine (Paris: Karthala, 2000). See Banafey Assih, ‘Conférence nationale souveraine’, La Nouvelle marche, 16 August 1991. Ibid. Alain Nococo, ‘L’Etat de droit au Togo: partis politiques et forces armées en séminaire de formation à Lomé’, AgoraPress, 25 August 2008. Available at: http://togoforum.com See http://www.republicoftogo.com/central.php?o=5&s=79&d=3&i=272. R. Kédjagni, ‘Maintien de l’ordre public: statu quo sur les réformes de la police nationale togolaise’, Liberté Hebdo, 20 August 2008. Togo 57 58 59 60 61 253 See ‘Conférence nationale souveraine: l’horreur à son comble’, La Nouvelle marche, 9 August 1991. JUDA, ‘Restriction inacceptable à la liberté d’expression au Togo’, Communiqué, 6 March 2008. JUDA, ‘Des exécutions sommaires et extrajudiciaires au Togo’, Statement, 20 February 2009. GF2D/CRIFF, Etudes d’impact des services juridiques du GF2D en direction des femmes au Togo (Lomé, June 1999). Applying these two measures to the plethoric army of 12,000 men will bring about a minimum reduction of 4,000 men (3,000 and 1,000), i.e. a corps of 8,000 men and a maximum reduction of 6,500 (5,000 and 1,500); i.e. 5,500 men in military service. Over five years, the complement of the military would be reduced to between 5,500 and 8,000 men, a relatively acceptable size in line with the size of the country’s population. This number is more than enough to carry out its national defence functions and additionally participate in UN peacekeeping missions. This would also make it possible to provide quality equipment to this army that is vulnerable in all ways and lacks just about everything.